Under a compromise amendment to LB596, practitioners must register with the state and complete training at an accredited program. These courses typically run from days to weeks and are less costly and time-consuming than current requirements.

But some senators took particular notice that practitioners who fail to register could face stiff criminal penalties. In fact, massaging a horse without registration could result in a more serious charge than driving a car without a license.

If caught, practitioners who disobey the state's orders to cease and desist could face a Class III felony conviction, punishable by up to 4 years in prison and a fine of $25,000.

"There's no way that I would want somebody charged with a Class III felony for rubbing these horses and not being on a registry," said Sen. Ernie Chambers, who noted that after all the work the Legislature has done on sentencing and corrections it was counterproductive to create new ways for Nebraskans to be charged with a felony.

Fortunately, the bill was amended and passed. And yes, massages for horses, as well as cats and dogs, were protected from such severe punishments. Moreover, Nebraska's governor promised a full review of licensing requirements.

Even so, the penalty in the bill before the changes were made were nothing new. It came straight from Nebraska's existing job licensing laws. Most state job licensing laws come with these strict penalties, and though few Nebraskans are behind bars because of them, they do frighten workers away from engaging in professions and fighting for reforms.

Obviously, the consequences for violating some licensing laws should be serious. Nobody wants the charge for unlicensed surgery or impersonating an airline pilot to be a slap on the wrist.

Karen Hough, from Arnold, Nebraska, for example, used to provide massages for horses belonging to youth competitors in her rural community. She would charge $30 for a session. But after receiving a cease and desist order from the state veterinary board, she has spent years unable to make an income providing the service.

Brandy McMorris had a similar experience with her Omaha hair braiding business. A cease and desist order, which also came with the threat of a felony charge, shut her down. The only way she could get back to work was to take cosmetology training she could not afford and that did not cover hair braiding.

In the case of Hough and McMorris, legislation has been advanced that would allow people like them to work. But others who haven't been so lucky are keeping their heads down.

One such group is Nebraskans who practice reflexology, a type of relaxation care where practitioners touch the feet and hands.

Like equine massage practitioners, reflexologists in Nebraska must currently be licensed and trained as massage therapists, even though their own industry training is far less onerous. The vast majority of states don't regulate reflexology at all.

But the state massage licensing board takes reflexology very seriously, since licensed therapists currently enjoy the exclusive legal privilege of providing services in Nebraska.

When a bill was considered last year to reform reflexology licensing, many reflexologists did not appear in person. Many fear that the Nebraska massage licensing board will track them down, crippling their income and placing the threat of a felony charge in their mailbox.

Connie Young, an Omaha reflexologist who received a cease and desist order, spoke out in support of licensing reform, just before she moved out of Nebraska to run her business in another state.

Other practitioners have approached us anonymously to speak on their behalf at agency credentialing review meetings and before legislative committees.

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